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Guide to the Presentation and Submission of Assignments

Contents

SECTION ONE: HOW TO APPROACH ASSIGNMENTS

1.INTRODUCTION3

2.general approach to assignment questions4

SECTION TWO: KNOW THE RULES AND LEC REQUIREMENTS

1.TUITION POLICY6

2.ASSIGNMENT POLICY7

3.format8

4.collabORAtive learning and avoiding PLAGIARISM11

5.COMPULSORY ASSIGNMENTS12

6.SUBMISSION ON TIME12

7.LATE assignments and requests for an extension13

8.SUBMITTING ASSIGNMENTS14

9.ASSIGNMENT RESULTS14

10.FEEDBACK14

11. assignment grading and assessment criteria15

12.RETURN OF MARKED ASSIGNMENTS17

13.YOUR FEEDBACKON THIS GUIDE17

SECTION THREE: ASSIGNMENT CHECKLIST

ASSIGNMENT SUBMISSION CHECKLIST18

SECTION FOUR: FREQUENTLY ASKED QUESTIONS

fAQ’s for assignments20

SECTION ONE: HOW TO APPROACH ASSIGNMENTS

1.INTRODUCTION

This guide has been prepared to:

  • Provide you with a checklist to ensure that you have met all the requirements of the Law Extension Committee (LEC) with respect to submission of assignments;
  • Help you understand what is expected by examiners;
  • Point you to further resources which you may find useful; and
  • Provide general guidance on how to approach assignments, especially problem questions.

Assignments provide opportunities for you to develop your skills in answering problem questions and in essay writing.

Each assignment submitted should be your best attempt to answer the question and analyse the relevant issues and legal principles. If you are not familiar with legal research and writing, help is available. We would strongly encourage you to attend any of the following classes, which may be relevant to you: the Law Library Legal Research classes; Language Skills; Citation and Referencing; Problem Solving; and Proofreading. Details of these skills classes and when they are held each session are set out in the Course Information Handbookand on the Webcampus.

In addition, some helpful publications are:

  • Bott & Talbot-Stokes,Nemes & Coss'Effective Legal Research, 6th ed. LexisNexis, 2015
  • Anita Stuhmcke, Legal Referencing, 4th ed. LexisNexis, Sydney, 2011

You should also consult the Legal Skills page on the LEC Webcampus for help with answering problem questions.

2.GENERAL APPROACH TO ASSIGNMENT QUESTIONS

To succeed in assignments, you should consider the following:

FOCUS ON WHAT THE QUESTION IS ACTUALLY ASKINGand not on what you hoped it would ask, or what you happened to find information about. The single biggest mistake students make is not reading the question carefully, and not addressing all the issues raised by the question.

STRUCTURE YOUR ANSWERto focus on the question asked. Background can be good and interesting and aid understanding, but be careful that it doesn’t swamp your answer and obscure what you are saying. A well-structured answer goes immediately to a discussion of the relevant issues. It has a beginning in which the relevant issues are raised, a middle which addresses the issues, and then a conclusion which sets out the conclusions reached as a result of the argument.

PROVIDE A LOGICAL STRUCTURE which deals sequentially and completely with all the relevant issues. Most assignments will raise more than one issue. Deal with the first completely, and then move on to subsequent issues. Many students toggle backwards and forwards between a variety of issues, confusing themselves (and often the examiner).

SUPPORT YOUR ARGUMENT WITH RELEVANT AUTHORITY, usually case law or statute. A legal argument does not rely on personal opinion – unless those personal opinions happen to be those of High Court judges expressed in the context of majority judgments in the leading case on an issue. It is very important that you support all your propositions with appropriate authority. Appropriate authority is most commonly case or statute law, rather than textbooks or lecture notes.

BE PREPARED TO ARGUE IN THE ALTERNATIVE as the law is not always clear cut. Assignment (and exam) questions often test areas of the law which have not been finally settled, in which there is a divergence between Australian and other authority, or where a question turns closely on a comparison of the facts in the question to the facts in a particular leading case. Often the question may suggest two divergent outcomes. You need to develop the skill of arguing in the alternative, and ensure that you consider all possible alternatives.

A QUESTION WILL OFTEN BE IN SEVERAL PARTS. This may be expressed, as in (a), (b) and (c), or it may be implied, as in “discuss”, “analyse” and “what are the advantages and disadvantages of”. Read each question carefully and make sure you answer every part of the question which has been set.

EXPRESS YOUR THOUGHTS CLEARLY IN GRAMMATICAL ENGLISH. Law students must have a high level of competence in using the English language. This means an ability to speak and write clearly and persuasively. It also means being able to read and listen with understanding.

PAY ATTENTION TO SPELLING, PUNCTUATION, AND PROOFREADING.

Some students alternate between pages of no capitals at all (not even for Australia, Constitution or High Court) but then Have Pages Where Almost Every Word Is Capitalised. Capitals will not be averaged out throughout the essay – they need to be used correctly. If you are not confident of your written English skills, you need to take appropriate steps to improve them. If you have a spell check facility, ensure that it is set to Australian (not American) English and use it.

IF YOU ARE NOT CONFIDENT THAT YOU CAN CITE, FOOTNOTE AND PREPARE A BIBLIOGRAPHY PROPERLY, THEN BUY A GOOD BOOK AND LEARN THESE ESSENTIAL SKILLS.

Bibliographies should not contain “further reading”; if you footnote, make sure the footnote is actually there; and cite from the primary source (i.e. the case) and not from a secondary source (i.e. the lecture notes or textbooks).

A note about “advise”

Most problem questions will set out a series of facts involving fictional parties and then ask students to “advise” one or all of the parties. Sometimes students are directed to provide advice about particular legal aspects; at other times they are asked to advise the parties generally. Such questions are asking you to discuss the relevant law in the light of the facts of the question. “Advise” questions, like any problem questions, are not merely theoretical exercises where you are required to discuss the law generally and in abstract terms. Nor should you provide “practical” advice on the facts without reference to the relevant law.

The proper approach to a question asking you to “advise” is to review the facts carefully to determine the legal issues which they raise. Having identified the relevant issues, you should next consider the appropriate law (and from which authorities – statute or case law – those legal principles are derived). Then you should apply the law to the relevant facts, and state your conclusions.

“Advise” does not mean put the best possible complexion on the facts and the law and provide only the “good news”. Just as in practice, your fictional clients need a balanced assessment of where they stand on the basis of current law. Your clients’ interests will not be served if you tell them they will win, when you should be advising them to turn up to court with their toothbrush.

SECTION TWO: KNOW THE RULES AND LEC REQUIREMENTS

The LEC’s primary methods of assisting in your preparation for the Legal Profession Admission Board’s (LPAB) examinations are:

  • the evening lecture and weekend school programs in each subject;
  • the research and resource provision through the Law Library; and
  • the setting and assessing of assignments.

1.TUITION POLICY

It is important that every student understands the requirement to complete satisfactorily the LEC’s teaching program in each subject in which they are sitting for an examination.

To be eligible to sit for the LPAB examinations you must first register with the LEC. Sometimes students assume they do not have to do this each semester, or that enrolling with the LPAB is sufficient. That is incorrect, and would be a breach of Rule 60 of the NSW Admission Board Rules 2015. You cannot submit your assignment unless you have registered with the LEC.

Secondly, you have to satisfy the requirements of the LEC for the subjects you are studying. This is required by Rule 63A of the NSW Admission Board Rules 2015. The LEC refers to this as “eligibility” and provides a report to the LPAB each session that lists students eligible to sit for the examinations. If you have not registered with the LEC, or have not completed the LEC program satisfactorily, you will not be eligible to sit for that examination.

If you have an application pending with the LPAB, you must still register with the LEC during the LEC registration period: your registration in that case is conditional upon a successful application, and you must inform the LEC if any change is necessary to your registration as a result of the LPAB’s decision.

To register with the LEC, go to and click on the QUICKLINK TO WEBCAMPUS LOGIN link and follow the instructions. Detailed guides to the Webcampus are contained in the material distributed by the LEC (Step by Step Online Registration and Unikey Account Information Guide), in the Course Information Handbook, and on the Webcampus.

Students must note that registering online is not a confirmation of their enrolment with the LPAB and that any changes to their enrolment must be notified to the LEC as soon as they are known. If students have not received their enrolment confirmation letter from the LPAB within 28 days of the last day of enrolment, they are advised to contact the LPAB’s Student Services Officer. A successful online registration with the LEC does not mean a student’s enrolment application has been processed and accepted by the LPAB.

2.ASSIGNMENT POLICY

Assignments

Assignments are used to assess eligibility to sit the exam. Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for examinations. However, a category of “deemed eligible” has been introduced to offer students whose assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the examination.

Assignments as part of the LPAB’s Examinations

Assignment results contribute 20% to the final mark in each subject.

Assessment

Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined on page15 of this guide. Please note that these are more detailed than the gradings used for final results.

Review

Where a student’s overall mark after the examination is between 40-49%, the student’s assignment in that subject will be reviewed by the revising examiner prior to a final mark in the subject being awarded. Except in the case of demonstrable error, assignment marks will not otherwise be reviewed prior to the examination.

Common Mistakes

Common mistakes in student assignments,and ones that can be costly in terms of marks, include:

Not submitting assignments on or before the due date (therefore attracting a penalty for late submission);

Not contacting the LEC before the due date if you have experienced exceptional circumstances and wish to be considered for an extension;

Not checking the Results section to confirm submission; and

Not submitting the COMPULSORY assignment,resulting in ineligibility to sit the examination.(Note that there are two compulsory assignments in Legal Institutions; both must be submitted to be eligible to sit the examination.)

You are less likely to make these mistakes if you:

Check the Webcampus to locate yourCOMPULSORY assignments at the start of the session;

Make sure you correctly record the due date for lodgment of your assignment – due dates are available in the Subject Guide and on the assignment question;

Make sure that you contact the LEC PRIOR to the due date if, for a valid reason, you cannot meet the assignment deadline;

Check the Resultssection to ensure your assignment has been received and processed successfully; and

Check the LEC website message boards regularly for any changes, updates or notifications.

3.Format

Note: if you have been given specific instructions on how to present your assignment you should follow those. If not, then the following standards apply.

  • Assignments must be typed, not handwritten, and should be saved as a Microsoft Word or Rich Text Format (RTF) document. Assignments should be typed in BLACK text with a line spacing of least 1.5.
  • Each page of your assignment must be clearly labelled by detailing in the header – your Full Name, Subject and Page Numbers.Do not include your Student Number.
  • Have adequate margins of at least 2.5 cm on each side for comments and corrections.
  • You should use standard fonts no smaller than 12 point in size - except for footnotes, which should be 10 point size.
  • Download the Assignment Coversheet provided in the Course Materials section. The coversheet will be the first page of your assignment. Save it with the name you intend to use for the assignment, insert a page break at the bottom of the page and begin your answer on the second page.
  • Your assignment MUST have the standard LEC assignment coversheet as the first page detailing the following information:

Student’s Full Name;

Name of Subject;

Subject Number and Assignment Number

(i.e. Legal Institutions Assignment 1 = 1.1, Legal Institutions Assignment 2 = 1.2).

Note: The coversheet was changed in November 2017. It is no longer necessary to electronically sign the coversheet. As part of the online submission process students are required to tick a box to declare that the assignment is entirely their own work. Therefore, a second declaration is not necessary.

  • All assignments must be submitted electronically. Remember to always keep an electronic copy of your original assignment.
  • Assignments are lodged online through the LEC Webcampus Submit Assignments section.
  • Word limits must be adhered to. Refer to your relevant Subject Guideand Assignment Question for the word limit of each assignment. If there is no reference to the word limit, the assignment is to be a maximum of 2000 words. This word limit includes all footnotes but not bibliographies.
  • Exceeding the word limit may result in marks being deducted.
  • Late assignments (without an approved extension - refer to page 13) will result in a loss of marks.
  • An assignment that does not conform to this format may be returned and you may be asked to re-submit it. This lack of attention to the requirements can result in your experiencing significant delays in receiving marks, feedback and advice about your eligibility to sit for the relevant exam.
  • Assignments must be written in clear concise English. If an argument or idea is not expressed clearly or a statement is so vague as to be ambiguous or unclear, the marker may assume that the student does not understand the concept.
  • Headings and sub-headings may be used to assist the development of an argument.
  • Students should proofread work before submitting an assignment for assessment as corrected versions will not be accepted after the assignment due date. Students must ensure their spelling and grammar are correct.
  • Please note that where an assignment has more than one part, all parts must be attempted and submitted as one document (including the coversheet). As a general rule, students who do not attempt to answer all questions in an assignment will not achieve a satisfactory result.

CITATION

Students should obtain a good Australian Legal Dictionary and a textbook on Legal Referencing, for example: Anita Stuhmcke, Legal Referencing, 4th ed. LexisNexis, Sydney, 2011.

You can also check the Australia Guide to Legal Citation Quick Summary on the Guides and help tab of the Webcampus.

  • All cases must be fully cited the first time you refer to them. The citation (the details which allow the reader to find the case) may be included in the body of the essay or as a footnote, but must be included.
  • You do not need to repeat the full citation each time you refer to the case. Good practice is to cite the case fully once and then indicate how you will refer to it for the balance of the essay – e.g.McPhail v Doulton [1971] AC 424 (McPhail’s case).
  • If you are referring to, or quoting from, different sections of the same case, then you need to indicate the correct page (or paragraph) number each new time you refer to the case – e.g.McPhail’s case at 445.
  • Care should be taken with the use of square and round brackets in citations. Square brackets are used when the year is an essential part of the citation. Round brackets are used to indicate the year a case was decided but when it is not essential for locating the case. These cases depend on their volume number for their place in a series of law reports. Thus, McPhail v Doulton [1971] AC 424 is to be found in the 1971 volume of the Appeal Cases (AC) at page 424 and R v Cohen (1981) 28 ALR 129 was decided in 1981 and is to be found in volume 28 of the Australian Law Reports (ALR) at page 129.
  • The citation of electronic decisions differs from citations of cases in law reports. Please refer to the section on electronic decisions in Anita Stuhmcke’s book, Legal Referencing:

The parties are cited in the usual form (e.g.Smith v Jones);

The year the decision was handed down appears in square brackets after the parties (e.g.Smith v Jones [1998]);

Each court, tribunal or other judicial body is given a designator which follows the year. For example, the High Court is cited as HCA (e.g.Smith v Jones[1998] HCA);

The sequential judgement number for a particular year follows (e.g.Smith v Jones[1998] HCA 99); and finally